Disposed

Chhailu Ram v. Om Prakash Jangid and Ans

Rajasthan HC11 Dec 2024CRLR/486/2003

Case brief

AI extract

What is this about?

This order disposes of a criminal revision petition challenging a public nuisance order due to air and noise pollution from a wooden industry. The court dismissed the petition in the absence of the original respondent and advised fresh action against legal heirs if pollution continues.

What did the court decide?

Petitioner is at liberty to make a fresh application under provisions regarding public nuisance if air/noise pollution continues; prior court observations shall not prejudice the fresh matter.

Chhailu Ram Vs Om Prakash Jangid and Ans — Environment and Pollution | Rajasthan HC (2024)

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[2024:RJ-JP:50913]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Revision Petition No. 486/2003

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Chhailu Ram S/o Shri Ram Chandra Yadav, aged about 62 years, R/o Sahib Johra, Vijay Mandir Road, Alwar.

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----Petitioner/Complainant

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Versus

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Om Prakash Jangid S/o Bhabhbhad Ram, R/o Sahib Johra, Vijay Mandir Road, PS Shivaji Park, Alwar.

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State of Rajasthan, through PP

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----Respondents

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For Petitioner(s)	: Mr. Nadeem Mazahir, for
	Mr. Hitesh Bagri
For Respondent(s)	: Mr. Amit Punia, PP

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HON'BLE MR. JUSTICE GANESH RAM MEENA

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Order

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11/12/2024

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The present criminal revision has been filed by the petitioner-complainant with a challenge to order dated 21.02.2003, passed by the Court of learned Special Judge SC/ST (Prevention of Atrocities) Cases and Addl. Sessions Judge, Alwar (for short ‘the trial Court’) in Criminal Revision Petition No. 05/2003 (Om Prakash Jangid Vs. State of Rajasthan), whereby the revision petition filed by the petitioner therein was allowed and the order dated 08.01.2003, passed by the Addl. District Magistrate (City), Alwar.

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The Addl. District Magistrate (City) Alwar, vide order dated 08.01.2003 on a complaint for offence u/S 133(1) CrPC ordered that the respondent shall not run the small wooden industry (“randa machine” and “grinding machine”) and shall not create

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[2024:RJ-JP:50913]

[CRLR-486/2003]

noise pollution and air pollution by making absolute the conditional order dated 01.02.2001.

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By order dated 01.02.2001, the Addl. District Magistrate ordered that the respondent shall not make the air pollution by running the small wooden industry so as to create the public nuisance.

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During the pendency of this revision petition, the respondent Om Prakash Jangid expired on 26.01.2021 and his legal heirs have been taken on record vide order dated 08.01.2023.

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In view of the fact that respondent has already expired and also the consensus between the counsels for both the parties, this revision petition is disposed of with the observation that in case the air pollution and noise pollution is still continuing because of running of the small wooden industry by the legal heirs of the deceased respondent Om Prakash Jangid then the petitioner shall be at liberty to make a fresh application under the provisions of law regarding the public nuisance and in that case the observations or findings given by the trial Court and the revisional Court below shall not in any manner prejudice the fresh matter.

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Hence this revision petition is disposed of as indicated above.

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Pending application(s), if any, also stands disposed of.

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(GANESH RAM MEENA),J

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GAURAV SRIVASTAVA /1

Chhailu Ram v. Om Prakash Jangid and Ans

Case brief

What is this about?

What did the court decide?

Chhailu Ram v. Om Prakash Jangid and Ans

Case brief

What is this about?

What did the court decide?

What the court decided

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